Who Is Liable for a Truck Accident?
When a truck accident happens, sorting out who’s liable for a truck accident can be complicated. Liability might fall on the truck driver, the trucking company, a manufacturer, or even a third party.
For victims, figuring out responsibility is one of the first steps toward securing compensation for medical expenses, lost wages, and other damages. You may not receive the full recovery you deserve without proper legal guidance.
Truck accidents often result in severe injuries, making the stakes high.
Understanding liability is essential to hold the correct party accountable and pursue justice. Illinois laws surrounding truck accidents involve detailed, confusing regulations without experienced legal representation.
Whether you’re dealing with a negligent truck driver, poor truck maintenance, or another factor, knowing your rights is mandatory. Reach out a truck accident lawyer near you for legal assistance.
How Liability in a Truck Accident Is Determined
Proving who’s liable for a truck accident depends on several factors, including the truck’s condition, the driver’s actions, and the role of the trucking company.
Here are some of the most common parties that may be held accountable in a truck accident:
The truck driver
Drivers are often found at fault due to negligence, such as distracted driving, speeding, or driving under the influence. They may also violate federal trucking regulations, like exceeding permitted hours of service (HOS), which can lead to fatigue and accidents.
If the driver’s negligence caused the collision, they could be directly responsible for damages.
The trucking company
Trucking companies must ensure their drivers are properly trained and that their vehicles are safe for operation. If the company fails to meet these expectations, they may share liability.
The legal concept of “vicarious liability” may also apply, which holds the company responsible for their employees’ actions performed on the job.
Vehicle or parts manufacturers
The manufacturer could be held liable if a defective truck part caused the accident (for instance, failed brakes or tire blowouts). These cases often fall under product liability laws, requiring proof that the part was defective and dangerous.
Cargo loaders
Improperly loaded or secured cargo can lead to imbalance, making trucks harder to control. If shifting or spilled cargo caused your accident, the company or individuals responsible for loading the truck might bear liability.
Other third parties
Occasionally, other parties, such as other drivers on the road, municipalities responsible for road maintenance, or contractors, could contribute to a trucking accident. Investigating all avenues of liability is critical to your claim.
Compensation After a Truck Accident
Victims of truck accidents in Illinois may be entitled to compensation for multiple types of damages.
These include both economic and non-economic losses such as:
- Medical bills
We will account for all your legitimate medical expenses from emergency treatment to long-term rehabilitation. - Lost wages
If your injuries prevent you from working, we will calculate your past and future lost income. - Pain and suffering
Serious accidents can cause immense physical pain and emotional distress. While it’s difficult to assign a dollar amount to these damages, our team will ensure it’s included in your claim. - Property damage
Compensation may also cover repair or replacement of your vehicle and other personal property. - Wrongful death damages
If a loved one lost their life in a truck accident, your family could recover damages for funeral costs, loss of financial support, and emotional grief.
Understanding what compensation, you might be entitled to is a key part of your case, and a knowledgeable attorney will ensure no expense is overlooked.
Local Focus for Illinois Residents
Trucking accidents in Illinois often occur on busy highways like I-294, I-90, or I-290 in the Rolling Meadows and Chicago suburbs. These areas handle large volumes of commercial traffic, increasing the risk of crashes.
An attorney familiar with Illinois laws and courts provides a clear advantage when handling your case. At Vito & Dollenmaier Law, we’re deeply connected to the Rolling Meadows community and proudly represent truck accident victims throughout Chicago and neighboring suburbs.
How Trucking Company Policies Contribute to Accidents
A trucking company’s internal policies play a major role in the safety of their vehicles on the road. When these policies prioritize profits over safety, they can create dangerous conditions that lead to serious accidents.
If a company’s poor decisions and practices contribute to a crash, it may be liable under Illinois law.
Unrealistic delivery schedules
Trucking companies often set strict deadlines to meet delivery demands. While timely deliveries are important, some companies push their drivers beyond reasonable limits. Drivers may feel pressured to exceed legal limits for hours of service, skip required rest breaks, or speed to meet tight schedules.
Lack of proper driver training
Operating a commercial truck requires a high level of skill and knowledge. Trucking companies are responsible for properly vetting and training their drivers before allowing them on the road.
Poor vehicle maintenance protocols
Commercial trucks are massive vehicles that require regular inspections and maintenance to operate safely. However, some companies neglect this responsibility to save money and time.
Company liability under Illinois law
Trucking companies are legally obligated to ensure their operations don’t endanger others. This includes creating reasonable schedules, providing proper training, maintaining vehicles, and following federal and state safety regulations.
When their policies or negligence contribute to an accident, Illinois law allows victims to pursue compensation. Holding these companies accountable helps victims recover damages and forces companies to change harmful practices, making the roads safer for everyone.
Acting quickly is pivotal if you believe a trucking company’s policies played a role in your accident. Building a strong case can involve reviewing company records, internal communications, and maintenance logs. An attorney can help you uncover this evidence and fight for the justice and compensation you deserve.
You don’t need to face trucking companies or insurers by yourself. Instead, rely on us to handle the tough legal work so you can focus on recovery. Call Palatine personal injury attorney today at (224) 539-8821 for a free consultation.
Truck accidents have long-lasting consequences, but with help, you can fight for the compensation and accountability you deserve. Don’t wait—contact us now.